SCHEDULE 5Conditions to which the exemptions from Article 8(1)(c) of the Electricity Order are subject
Change of supplier
2
1
This paragraph applies if—
a
a person (“the new supplier”) has entered into a contract with a customer to start supplying electricity to any premises; and
b
a supply exemption holder is currently supplying electricity to the premises under a contract with that customer.
2
If one or more of the reasons in sub-paragraph (5) applies, the supply exemption holder may object to the change of supplier by sending notice of the objection and the reason (or reasons) for it to—
a
the new supplier; and
b
the customer.
3
A notice under sub –paragraph (2) must be sent—
a
as soon as reasonably practicable; and
b
if the supply exemption holder is notified under paragraph 1(2), or in accordance with a condition in a licence, that the contract has been entered into, not later than the end of the 10th working day after the day on which it receives that notification.
4
If the supply exemption holder objects to a change of supplier because of the reason in sub-paragraph (5)(b), the notice of this objection must also state when the period mentioned in that sub-paragraph will expire.
5
The reasons in this sub-paragraph are that—
a
the customer owes money in excess of one hundred pounds (£100.00) (“the debt”) to the supply exemption holder in respect of electricity supplied to the customer and—
i
the supply exemption holder has demanded payment of the debt;
ii
at least 20 working days have passed since the date on which the demand was sent to the customer and any date for payment stated in the demand has also passed; and
iii
the new supplier and the supply exemption holder have not agreed to an arrangement under which all of the debt will be assigned to the new supplier; or
b
a contract between the supply exemption holder and the customer includes a term which prevents the customer from terminating that contract within a specified period which has not expired.
6
The supply exemption holder must comply with any reasonable request from the new supplier to provide any information, or take any other steps, required to enable the new supplier to start supplying electricity to the customer’s premises.